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(영문) 대구지방법원 2017.01.25 2016나224
횡령금반환
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the pertinent part is modified or added as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. On the 2nd page of the judgment of the first instance, the “50 million won, etc.” in the 13th sentence is “50 million won, etc.” in the 5th sentence of the 3rd page “A” is “B Nos. 1, 2, and 3”; “C” in the 3rd column “C” is “D”; “K” in the 3rd column “K” is “I”; “Defendant” in the 3rd column 18 in the 4th column “I”; “Defendant” in the 4th column 10 in the 5th column “C” is “D”.

B. On the fourth sentence of the first instance judgment, the following is added.

“The Plaintiff and the Prosecutor appealed (Tgu District Court 2015No4632), and the said appellate court reversed the judgment of the lower court on September 22, 2016, and sentenced the Plaintiff to the Defendant’s imprisonment with prison labor for ten months. The Plaintiff appealed (Supreme Court 2016Do16450), but the lower judgment was pronounced on December 15, 2016.”

C. On the 5th page of the first instance judgment, the following is added.

“(The Plaintiff, on July 8, 2010, transferred KRW 45,00,00, which the Defendant alleged as a loan to the Plaintiff, to D’s account on March 9, 2015, filed a loan claim lawsuit against D and won a favorable judgment, and subsequently received dividends of KRW 39,897,930 on August 18, 2015. Although the Defendant asserted that the said KRW 45,00,000 was already repaid by the Plaintiff, the Defendant’s assertion cannot be trusted, but the Plaintiff’s allegation alone is insufficient to reverse the said recognition).”

3. Conclusion

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